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The United States Patent and Trademark Office's Patent Trial and Appeal Board today invalidated a trio of AliveCor patents that AliveCor used in a complaint with the International Trade Commission, which is a win for Apple. The patents all related to heart rate monitoring technology used in AliveCor products.

kardiamobile-alivecor.jpg

AliveCor in April 2021 filed a complaint with the ITC alleging that Apple had infringed on several of its patents with the Apple Watch, and an ITC judge ultimately ruled in AliveCor's favor in June. The ITC at the time issued an initial determination that Apple infringed on AliveCor patent technology, which Apple is now appealing. If a final ruling determines Apple infringed on the patents, the ITC could issue an import ban on the Apple Watch.

Apple asked for a review of the claims in three of the patents that AliveCor was using against it, and the USPTO's Appeals Board found that multiple claims in U.S. Patent No. 10,638,941, U.S. Patent No. 10,595,731, and U.S. Patent No. 9,572,499 are "held to be unpatenable."

In a statement to MacRumors Apple said that the decision confirms that the patents AliveCor used against Apple for its ITC injunction are invalid.
We appreciate the Patent Trial and Appeal Board's careful consideration of these patents, which were found to be invalid. Apple's teams work tirelessly to create products and services that empower users, including the industry-leading health, wellness and safety features we independently developed and incorporated into Apple Watch. Today's decision confirms that the patents AliveCor asserted in the ITC against Apple are invalid.
When a patent is invalidated, it means there can be no infringement of the patent, which will factor in to the final ITC decision. The ITC will decide later in December whether there should be an import ban.

AliveCor and Apple are embroiled in several legal battles, as AliveCor has also filed an antitrust lawsuit against Apple and Apple has sued AliveCor for patent infringement.

Update: In a statement, AliveCor said that it is deeply disappointed in the decision and plans to appeal.
AliveCor is deeply disappointed and strongly disagrees with the decision by the PTAB and will appeal. The PTAB and ITC are two, separate independent bodies and will make their own separate independent decisions. We look forward to the separate Final Determination from the ITC expected December 12 and are cautiously optimistic based on the Initial Determination for AliveCor in June of this year.

We will continue to vigorously protect our patents for the sake of our customers. The PTAB decision does not impact AliveCor's ongoing business. We will continue to design and distribute our best-in-class portable ECG products and services to our customers.

Article Link: Apple Scores Win in AliveCor Legal Battle With USPTO Invalidating Several Patents
 
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steve09090

macrumors 68030
Aug 12, 2008
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Good to see Apple actually getting a fair deal after AliveCor used Apples patents. Rushing to market never means you have the right to the patents. Apple takes its time with products (unless it’s the butterfly keyboard), but it never loses the rights of the patents it own and develops.
 

BootsWalking

macrumors 68020
Feb 1, 2014
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Good to see Apple actually getting a fair deal after AliveCor used Apples patents. Rushing to market never means you have the right to the patents. Apple takes its time with products (unless it’s the butterfly keyboard), but it never loses the rights of the patents it own and develops.
Where did this rush-to-market narrative come from? AliveCor has been developing handheld ECG products since 1990.
 

BootsWalking

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Feb 1, 2014
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The cases concern technologies that AliveCor originally released as part of the KardiaBand in 2017. The KardiaBand was a high-tech watchband that allowed the Apple Watch to monitor a user’s heart rhythm for abnormalities that might indicate a heart condition. The band also came with built-in electrocardiogram capabilities that allowed the device to take a snapshot of the heart rhythm that could be used to confirm a diagnosis. During development, AliveCor founder and chief medical officer Dave Albert demonstrated the technologies to Apple executives, and Apple released very similar technologies in 2018.

Source: https://www.statnews.com/2022/12/06/apple-alivecor-patent-challenge-ruling/
 

steve09090

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Aug 12, 2008
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Where did this rush-to-market narrative come from? AliveCor has been developing handheld ECG products since 1990.
From the other thread,

But I am aware that AliveCor was just hooking in on Apples Watch so they didn't have to make one themselves in this case
 

steve09090

macrumors 68030
Aug 12, 2008
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The cases concern technologies that AliveCor originally released as part of the KardiaBand in 2017. The KardiaBand was a high-tech watchband that allowed the Apple Watch to monitor a user’s heart rhythm for abnormalities that might indicate a heart condition. The band also came with built-in electrocardiogram capabilities that allowed the device to take a snapshot of the heart rhythm that could be used to confirm a diagnosis. During development, AliveCor founder and chief medical officer Dave Albert demonstrated the technologies to Apple executives, and Apple released very similar technologies in 2018.

Source: https://www.statnews.com/2022/12/06/apple-alivecor-patent-challenge-ruling/
Apple had the patents that AliveCor have been (allegedly) infringing for many years before that.
 
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genovelle

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May 8, 2008
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The cases concern technologies that AliveCor originally released as part of the KardiaBand in 2017. The KardiaBand was a high-tech watchband that allowed the Apple Watch to monitor a user’s heart rhythm for abnormalities that might indicate a heart condition. The band also came with built-in electrocardiogram capabilities that allowed the device to take a snapshot of the heart rhythm that could be used to confirm a diagnosis. During development, AliveCor founder and chief medical officer Dave Albert demonstrated the technologies to Apple executives, and Apple released very similar technologies in 2018.

Source: https://www.statnews.com/2022/12/06/apple-alivecor-patent-challenge-ruling/
these technologies are not something that happens in a vacuum. Apple pointed to related patent they filed for in 2012. Just because they demonstrated something to Apple likely hoping to be acquired, doesn’t mean Apple didn’t already have a better solution
 

AdmiralTriggerH

macrumors newbie
Apr 5, 2011
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At least AliveCor isn’t a patent troll.
If only the USPTO could come up with a solution to that problem.
Well I’m not a lawyer but I’m pretty sure most of the issues come down to the legislation around patents which means it’s up to the legislature to change the rules before the USPTO can do anything. So get writing to your local members and make them do something for once
 
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Robert.Walter

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Jul 10, 2012
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Well I’m not a lawyer but I’m pretty sure most of the issues come down to the legislation around patents which means it’s up to the legislature to change the rules before the USPTO can do anything. So get writing to your local members and make them do something for once
For once? Oh please.
 

steve09090

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Aug 12, 2008
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Software patents are the absolute worst. Everyone is a loser here.
This is less about Software and more about using proprietary hardware without authorisation. Apple gives SDK'S for developers to be able to use specific software or hardware within the Apple ecosystem. If they were not authorised to use it, Apple are well within their rights to stop it.

If you want to bring a heart rate monitor, a blood pressure monitor or many other things to iPhone and have software that benefits from that, then good on you.

But AliveCor used 1) use apples Hardware instead of their own, and 2) bring their own hardware that leverages off of Apples own patents.
 
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bergert

macrumors 6502
Jun 24, 2008
275
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Oh to be an in-house counsel at Apple. Job for life. Minus a soul.
From what I read (long), the 3 patents were thrown out because of prior patents (i.e. the heart reading using a light sensor having prior art). The combination of using known ECG light sensing with a smart-watch is a technicality; which is "obvious".

Apple's success ($$$) attracts lawsuits like moth's attracted to flame. Where is your soul?
 

Pezimak

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May 1, 2021
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At least AliveCor isn’t a patent troll.
If only the USPTO could come up with a solution to that problem.

Well they could you know, just stop granting patents at will without any research what so ever ignoring prior art or other patents and always granting them when a fat pay cheque is handed over to them, that might help. The US patent system is and always has been a joke frankly. And other courts around the world do not even recognise some of their patents due to that if I recall.

You wait for the Apple car, I guarantee Apple will claim they’ve patented the wheel even on that thing. I can see years of litigation action against Apple, which the US courts will side with Apple on, once it’s released.
 

steve09090

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Aug 12, 2008
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Well they could you know, just stop granting patents at will without any research what so ever ignoring prior art or other patents and always granting them when a fat pay cheque is handed over to them, that might help. The US patent system is and always has been a joke frankly. And other courts around the world do not even recognise some of their patents due to that if I recall.

You wait for the Apple car, I guarantee Apple will claim they’ve patented the wheel even on that thing. I can see years of litigation action against Apple, which the US courts will side with Apple on, once it’s released.
Fantasy
 

Pezimak

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May 1, 2021
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Reality, the slide to unlock is a perfect example. As was Apple attempting to claim it had patents for black or white oblong shapes, which Apple lost against Samsung here in the UK and its appeal against it. American patents do not in any way guarantee a win for Apple outside the US, just because the US patent office let them patent an oblong drawing.
 

x5tuu

macrumors regular
Jan 1, 2012
145
119
If Apple truly wanted to be about the improvement of health and wellbeing of the worlds population they would be considerably more altruistic in the approach to both hardware and software development and also the patent sharing and usage.

Their approach here shows them to be nothing more than any other tech firm (which is where they historically set themselves apart). Im pleased I am extricating myself (albeit slowly) from the Apple walled garden.
 

steve09090

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Aug 12, 2008
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Reality, the slide to unlock is a perfect example. As was Apple attempting to claim it had patents for black or white oblong shapes, which Apple lost against Samsung here in the UK and its appeal against it. American patents do not in any way guarantee a win for Apple outside the US, just because the US patent office let them patent an oblong drawing.
The reality that "I guarantee Apple will claim they’ve patented the wheel even on that thing." is fantasy.
 

Pezimak

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May 1, 2021
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Seems rather quick the speed they removed those patents. Wonder if this will put Alivecor out of business? Still they picked the fight so must accept the risks involved.
 
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steve09090

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Aug 12, 2008
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If Apple truly wanted to be about the improvement of health and wellbeing of the worlds population they would be considerably more altruistic in the approach to both hardware and software development and also the patent sharing and usage.

Their approach here shows them to be nothing more than any other tech firm (which is where they historically set themselves apart). Im pleased I am extricating myself (albeit slowly) from the Apple walled garden.
I feel obliged to agree. I understand that they need to protect their tech, but Tim follows through with his words of "the biggest difference Apple can make is in health" it follows that certain tech should be pretty much open source.

I understand that at times things need to be locked down (like side loading) but they could definitely have made a difference here.
 

Pezimak

macrumors 68040
May 1, 2021
3,430
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The reality that "I guarantee Apple will claim they’ve patented the wheel even on that thing." is fantasy.

They patented an oblong shape. They tried to use that to beat Samsung, and outside the US they failed miserably thst patent. Hence my comment, a bit sarcastic yes, but I‘ve learnt that in the US you seemingly can patent literally anything you like. Maybe not a wheel, but I can see an army of court cases against the Apple car.
 

steve09090

macrumors 68030
Aug 12, 2008
2,566
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Seems rather quick the speed they removed those patents. Wonder if this will put Alivecor out of business? Still they picked the fight so must accept the risks involved.
100%. If you poke the bear.… Apples lawyers clearly have this stuff covered. They’re been doing it for decades, mostly with success.
 
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